Himachal Pradesh High Court
Indira Mahindra vs Devender Jamwal on 8 August, 2018
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
Civil Suit No. 4 of 2007 08.08.2018 Present: Mr. Ajay Kumar, Senior Advocate, with Mr. .
Dheeraj K. Vashisth, Advocate, for the plaintiff.
Ms. Seema K. Guleria, Advocate, for defendants No. 1 and 2.
Mr. Rakesh Dogra, Advocate, for defendant No. 3.
Mr. G.R. Palsra, Advocate, for defendants No. 4 and 9 to 11.
Ms. Reeta Thakur, Advocate, vice Mr. Surinder Saklani, Advocate, for defendants No. 5 to 8.
On behalf of the plaintiff, certified copies of certain documents pertaining to Civil Suit No. 7 of 2013, titled Smt. Indira Mahindra versus Devender Jamwal, pending in the Court of ADJ (II), Mandi, have been proposed to be placed on record by exhibiting the same on the basis of record sought to be produced through official witness called from the Court of ADJ (II), Mandi.
Learned counsel for the defendants have raised objection with regard to production of these documents, at this stage, on the ground that these documents have not been produced alongwith the plaint and permission has not been sought to produce the same.
Learned counsel for the plaintiff submits that these documents pertain to a civil suit filed by defendant Indira Mahindra against defendants No. 3 and 9 after filing ::: Downloaded on - 09/08/2018 23:02:04 :::HCHP : 2 : .
of plaint in the present suit and these documents belong to defendant and were in possession of the defendant and, thus, it was not possible for the plaintiff to file these documents alongwith the plaint. Therefore, he prays for grant of leave to produce these documents at this stage.
For the reasons assigned for late production of these documents, leave to produce these documents in evidence is granted.
Statements of two PWs, i.e. PW12 Vijay Kumar and PW13 Nek Ram Thakur stand recorded.
There is a request on behalf of PWPushpender Singh, Criminal Ahlmad in the office of ADJ (II), Mandi, for exempting his presence on the ground that he has been advised for admission in hospital today, i.e. 8th August, 2018, for the purpose of tests etc. to be conducted before operating him by the Surgery Department in Government Ayurvedic Hospital, Paprola. The said witness has informed that the record sought to be produced through him with respect to case titled State versus Khub Ram has now been sent back to the Court of Judicial Magistrate 1st Class, Court No. 2, Mandi.
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In these circumstances, the said witness is exempted and plaintiff is directed to take fresh steps for summoning the Criminal Ahlmad from the Court of Judicial Magistrate 1st Class, Court No. 2, Mandi, to produce the relevant record.
As the original sale deed sought to be produced through PW13 Nek Ram Thakur is in possession of the police, the plaintiff, if so advised, may take appropriate steps for summoning the said record, if necessary.
In terms of the previous order, plaintiff has to produce witnessesOmeshwar Singh and Maan Singh on self responsibility. WitnessMaan Singh is present, however, witnessOmeshwar Singh is not present on account of a function in the family. Both these witnesses are to be examined together. Therefore, recording of statement of witnessMaan Singh is deferred.
It is submitted by learned counsel for the plaintiff that now only the official witness for production of original sale deed No. 251/2008 is to be examined before examining witnessesOmeshwar Singh and Maan Singh. Therefore, plaintiff is permitted to summon the witness for production ::: Downloaded on - 09/08/2018 23:02:04 :::HCHP : 4 : .
of original sale deed No. 251/2008 either from the Court of Judicial Magistrate 1st Class, Court No. 2, Mandi or from the Police Department or from both the offices/court.
List for recording of remaining evidence of the plaintiff on a date to be fixed by Additional Registrar (Judicial) on which date witnessesOmeshwar Singh and Maan Singh shall remain present for recording their evidence.
(Vivek Singh Thakur) Judge August 08, 2018 ( rajni ) ::: Downloaded on - 09/08/2018 23:02:04 :::HCHP